Can I get CCJ set aside

[Horrid_Henry_123]

I've recently found out I have a CCJ against me. I live in the Australia & my parents have been contacted by Bailiffs.

 

When we left the UK we were in a certain amount of debt & simply didn't have the funds to service the debt & once we arrived out in Aus we went from double to single income, so couldn't even think or repaying. Now a few years down the line we have just put a deposit down on a house so have no funds what so ever to pay debts in the UK.

 

So my question is, does the fact we ran away from the debt & didn't inform any of our creditors of where we were heading, now mean we cannot get the CCJ put aside?

[cerberusalert]

So my question is, does the fact we ran away from the debt & didn't inform any of our creditors of where we were heading, now mean we cannot get the CCJ put aside?

No it doesn't stop you getting it set-aside, but it is imperative that you do so now because if they become aware of your whereabouts they can apply to an Oz court for permission to enforce & they will be highly likely to succeed.

 

However if you get it set-aside it means they have to apply for judgment in Oz your country of residence & a Oz court would be highly unlikely to accept jurisdiction.

[Horrid_Henry_123]

No it doesn't stop you getting it set-aside, but it is imperative that you do so now because if they become aware of your whereabouts they can apply to an Oz court for permission to enforce & they will be highly likely to succeed.

 

However if you get it set-aside it means they have to apply for judgment in Oz your country of residence & a Oz court would be highly unlikely to accept jurisdiction.

 

How likely is it to be set aside?

 

And can someone please post a link on how to go about it.

[cerberusalert]

If you were not a resident in the UK is reason enough, particularly if you can prove it.

 

You need to fill in a N244 which you can find here http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/Respondingtoacourtclaimformoney/DG_195867 & will cost about £90 IIRC, about half way down the page.